Is a debtor not a necessary or proper party to an action to set aside fraudulent conveyances?
Saskatchewan, Canada
The following excerpt is from Russell v. Murphy, 1929 CanLII 224 (SK CA):
There is no doubt that a long line of cases, which need not be mentioned, establish the rule that, in general, the debtor is not a necessary or proper party to actions of this sort when, having transferred his property, he has no further interest in it, and it is only sought to set aside his conveyance as fraudulent as against creditors. But, as pointed out by Lamont, J. in Mills v. Harris & Craske, supra, that rule does not apply where relief is asked against the debtor.
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